47 Ohio St. 2d 12 | Ohio | 1976
Lead Opinion
The sole factor and consideration which distinguishes these cases from the analysis in Nokes v. Nokes (1976), 47 Ohio St. 2d 1, .decided this day, -is that such support order was formulated by incorporating parental separation agreements -into .the divorce decree. :■
Inasmuch as under Ohio law, a separation agreement of the parties-loses its nature, as a .contract the'moment it is adopted by the court and incorporated into a decree of divorce, we find that such distinguishing factor is of insufficient force to prevent the application hereto of the principles enunciated in N olees.
Therefore,-in light-of Nglees, the judgment in case No. 75-197 is affirmed and'the judgments in cases Nos. 75-144 and 75-482 are reversed.
Judgment affirmed in case No. 75-197-.
Judgments reversed in cases Nos. 75-144 and 75-482.
Dissenting Opinion
dissenting. I dissent from the judgments herein for the reasons expressed in my dissenting opinion in Nokes v. Nokes (1976), 47 Ohio. St. 2d 1, 9, decided this day.
